Pan Canadian Schools/Cancopy Copyright Licence Agreement 1999-2004, Articles 1-6
Agreement Articles 7-17
Schedules "A" (Manitoba Section), "B" and "D" (Manitoba Section)
THIS LICENSING AGREEMENT effective as of the 1st day of September, 1999
BETWEEN:
CANADIAN COPYRIGHT LICENSING AGENCY, a body corporate, incorporated pursuant to the laws of Canada ("CANCOPY")
- and -
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ALBERTA as represented by the Minister of Learning (the "Alberta Minister")
- and -
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA as represented by the Minister of Education (the "British Columbia Minister")
- and -
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF MANITOBA as represented by the Minister of Education, Citizenship and Youth (the "Manitoba Minister")
- and -
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK as represented by the Minister of Education (the "New Brunswick Minister")
- and -
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEWFOUNDLAND as represented by the Minister of Education (the "Newfoundland Minister")
- and -
THE GOVERNMENT OF THE NORTHWEST TERRITORIES as represented by the Minister of Education, Culture and Employment (the "N.W.T. Minister")
- and -
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NOVA SCOTIA as represented by the Minister of Education (the "Nova Scotia Minister")
- and -
THE GOVERNMENT OF THE TERRITORY OF NUNAVUT as represented by the Minister of Education (the "Nunavut Minister")
- and -
THE ONTARIO PUBLIC SCHOOL BOARDS’ ASSOCIATION (the "OPSBA")
- and -
THE ONTARIO CATHOLIC SCHOOL TRUSTEES’ ASSOCIATION (the "OCSTA")
- and -
L’ASSOCIATION DES CONSEILS D’EDUCATION PUBLIQUE DE L’ONTARIO (the "ACEPO")
- and -
L’ASSOCIATION FRANCO-ONTARIENNE DES CONSEILS SCOLAIRES CATHOLIQUES (the "AFOCSC")
- and -
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF PRINCE EDWARD ISLAND as represented by the Minister of Education (the "Prince Edward Island Minister")
- and -
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF SASKATCHEWAN as represented by the Minister of Education (the "Saskatchewan Minister")
- and -
THE GOVERNMENT OF YUKON as represented by the Minister of Education (the "Yukon Minister")
- and -
EACH SCHOOL BOARD DEFINED IN ARTICLE 2.1(v) which has signed this Licence on its own behalf on the space provided in Schedule "A" appended hereto (collectively referred to as the "Party School Boards")
FOR AND IN CONSIDERATION of the mutual covenants contained in this Licence and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by each of the Parties to this Licence, the Parties agree as follows:
Article 1: Recitals
1.1 Recitals: This Licence recites the following circumstances:
a. CANCOPY is authorized to grant to the Licensees a licence to make and distribute Copies of Published Works in its Repertoire;
b. The Licensees wish to acquire such rights as are described in Article 1.1(a);
c. In order to accomplish and give effect to the foregoing, CANCOPY and the Licensees have entered into this licensing agreement;
d. The purpose of this Licence is to permit the Licensees to make and distribute Copies in consideration of remuneration to copyright holders and thereby to provide access to Published Works without substituting for material or Published Works which a user would otherwise reasonably be expected to purchase;
e. The Parties agree that the payments to be made under this Licence are not based on any pre-estimate of the number of Copies being made under this Licence or the value of such Copies; and
f. Such additional recitals as may be applicable individually to any Party as set out in Schedule "D".
Article 2: Definitions and Interpretation
2.1 Definitions: In this Licence, including the recitals set forth in Article 1, the following words and expressions have the following corresponding meanings:
a. "Affiliate" means any individual author or publisher, estate of an author or publisher, organization representing authors or publishers, or other person with interests in copyright works, who has licensed reprographic and other reproduction rights to CANCOPY;
b. "Alternate Format Copy" means a large print (produced by reprographic process) Copy of Published Works for persons who by reason of a sensory, physical or neural handicap cannot effectively use print materials and persons involved in the educational use of any such Alternate Format Copies;
c. "Authorized Purposes" means Copying for any not-for-profit purpose within or in support of the mandate of the Educational Institutions in Canada, including:
i. educational (including testing and examination activities), professional, research, archival, administrative and recreational activities;
ii. communication with and providing information to parents, school advisory/parent councils and other members of the community;
iii. Copying related to the production of teacher implementation documents, correspondence school and distance learning courses, curriculum documents, workshop packages, provincial examinations and all other similar Copying activity; and
iv. making a reasonable number of Copies for reference in or a loan by Libraries;
d. "Bank Rate", in respect of any payment on which interest is payable pursuant to Article 7.8, means the discount rate of interest set by the Bank of Canada prevailing at the opening of business on the date such payment became due;
e. "Claim" means a claim for royalties, loss, expenses, damages (including punitive damages), accounting of profits, causes of action, costs and liabilities arising from or out of Copying (including production of Alternate Format Copies), whether or not the Published Works are in the Repertoire, including legal costs incurred by a Licensee in the defence of legal proceedings, but excluding the following:
i. a claim with respect to the works which are referred to in Article 4.3, subject to the exceptions provided for in Article 4.3;
ii. a claim based on an alleged infringement of moral rights; or
iii. a claim by CANCOPY arising from this Licence;
f. "Copy" means, except where specific reference is made to Alternate Format Copies, a visually perceivable facsimile reproduction of all or part of a Published Work made by means of:
i. a reprographic process, including photocopying and xerography, duplication from a stencil, copying onto microform (including microfilm and microfiche), typing, transcription by hand or drawing (including tracing) onto acetate or other material for an overhead or slide projection, and overhead or slide projection;
ii. subject to Article 5.15, a computer or wordprocessor or by a copier (such as a Xerox Docutech or Kodak 1500 Series) that makes an intermediate digital copy in order to make a paper Copy; and
iii. subject to Article 5.15, facsimile transmission; and "Copying" has a corresponding meaning;
g. "Copyright Owner" means, in respect of any act in relation to a copyright work, the person or persons with authority to authorize such act;
h. "Course Pack" means a compilation of materials (bound or otherwise assembled, either at once or gradually over time) that is designed for use by students of an Educational Institution to support a course or unit of study and is either intended, or may reasonably be expected, to be used instead of a Published Work that might otherwise have been purchased. A Course Pack may comprise a variety of types of material, published and unpublished, and may include original content. A compilation that includes Copies taken from fewer than four sources and totalling fewer than twenty (20) pages is not a Course Pack for the purposes of this Licence;
i. "Educational Institution" means any institution providing publicly funded primary, elementary or secondary school programming and operated under the authority of a School Board or a Ministry, provided that with respect to the Provinces of Alberta, British Columbia, Manitoba and Saskatchewan this definition shall be modified in accordance with Schedule "D";
j. "Exclusions List" means the list of Published Works appended to this Licence as Schedule "B";
k. "Full-time-equivalent Student" means, in respect of each Ministry and School Board, the equivalent of one student qualifying as a full-time-equivalent student of an Educational Institution as determined in accordance with the policies of the Ministry related to the funding of Educational Institutions under its jurisdiction;
l. "FTE Determination Date" means, in respect of each Ministry and School Board, the date as of which the number of Full-time-equivalent Students is calculated for any given year in accordance with the policies of the Ministry relating to the funding of Educational Institutions under its jurisdiction;
m. "Index" means the All-items (goods and services) category of the Consumer Price Index for Canada;
n. "Library" includes a resource or learning centre or any similar collection of Published Works that is part of or belongs to a Licensee;
o. "Licence" means the licence granted by CANCOPY to the Licensees pursuant to Article 4.1 hereof and the terms and conditions set forth in this licensing agreement, and any reference to "this Licence" is a reference to this Agreement in its entirety;
p. "Licensee" means:
i. any Minister or School Board which has become a Party in accordance with Article 3.1;
ii. any Ministry of a Minister who has become a Party in accordance with Article 3.1; or
iii. any School Board or Educational Institution in a Province whose Minister or School Board has become a Party in accordance with Article 3.1;
q. "Minister" means any one of the Alberta Minister, the British Columbia Minister, the Manitoba Minister, the New Brunswick Minister, the Newfoundland Minister, the N.W.T. Minister, the Nova Scotia Minister, the Nunavut Minister, the Prince Edward Island Minister, the Saskatchewan Minister and the Yukon Minister, or any successor or substituted minister resulting from a reorganization of the government of a Province or Territory;
r. "Ministry" means:
i. In respect of the Province of Alberta, the Alberta Department of Learning (also referred to as the "Alberta Ministry");
ii. In respect of the Province of British Columbia, the British Columbia Ministry of Education (also referred to as the British Columbia Ministry");
iii. In respect of the Province of Manitoba, the Manitoba Department of Education, Citizenship and Youth (also referred to as the "Manitoba Ministry");
iv. In respect of the Province of New Brunswick, the New Brunswick Department of Education (also referred to as the "New Brunswick Ministry");
v. In respect of the Province of Newfoundland, the Newfoundland and Labrador Department of Education (also referred to as the "Newfoundland Ministry");
vi. In respect of the Northwest Territories, the Northwest Territories Department of Education, Culture and Employment (also referred to as the "N.W.T. Ministry");
vii. In respect of the Province of Nova Scotia, the Nova Scotia Department of Education (also referred to as the "Nova Scotia Ministry");
viii. In respect of the Territory of Nunavut, the Nunavut Department of Education (also referred to as the "Nunavut Ministry");
ix. In respect of the Province of Prince Edward Island, the Prince Edward Island Department of Education (also known as the "Prince Edward Island Ministry");
x. In respect of the Province of Saskatchewan, the Saskatchewan Department of Education (also known as the "Saskatchewan Ministry");
xi. In respect of the Government of the Yukon, the Yukon Department of Education (also referred to as the "Yukon Ministry"); and
xii. For the purposes of Articles 2.1(k) and (l) only includes, in respect of the Province of Ontario, the Ontario Ministry of Education;
or any successor or substituted ministry resulting from a reorganization of the government of any particular Province or Territory.
s. "Ontario School Boards" means those School Boards listed in Schedule "A" which are designated in that Schedule as being School Boards in the Province of Ontario;
t. "Ontario School Board Associations" means, collectively, the OPSBA, the OCSTA, the ACEPO and the AFOCSC;
u. "Party", subject to Article 3.1, means CANCOPY, each of the Ministers, each of the Party School Boards and the Ontario School Board Associations;
v. "Party School Board", subject to Article 3.1 hereof, means each School Board listed on Schedule "A" appended hereto which has executed this Licence on its own behalf;
w. "Paying Licensee" means, provided it is a Party:
i. In respect of the Alberta Ministry and any of the School Boards under the control of the Alberta Ministry, the Alberta Minister;
ii. In respect of the British Columbia Ministry and any of the School Boards under the control of the British Columbia Ministry, the British Columbia Minister;
iii. In respect of the Manitoba Ministry and any of the Educational Institutions and School Boards under the authority of the Manitoba Ministry, the Manitoba Minister;
iv. In respect of the New Brunswick Ministry, the New Brunswick Minister;
v. In respect of the Newfoundland Ministry and any of the School Boards under the control of the Newfoundland Ministry, the Newfoundland Minister;
vi. In respect of the N.W.T. Ministry and any of the School Boards under the control of the N.W.T. Ministry, the N.W.T. Minister;
vii. In respect of the Nova Scotia Ministry and any of the School Boards under the control of the Nova Scotia Ministry, the Nova Scotia Minister;
viii. In respect of the Nunavut Ministry and any of the School Boards under the control of the Nunavut Ministry, the Nunavut Minister;
ix. In respect of the Prince Edward Island Ministry and any of the School Boards under the control of the Prince Edward Island Ministry, the Prince Edward Island Minister;
x. In respect of the Saskatchewan Ministry and any of the School Boards under the control of the Saskatchewan Ministry, the Saskatchewan Minister;
xi. In respect of the Yukon Ministry and any of the School Boards under the control of the Yukon Ministry, the Yukon Minister;
xii. In respect of the Ontario School Boards, each such Ontario School Board;
x. "Published Work" means literary, dramatic, artistic and musical copyright works or parts of such copyright works, of which printed copies have been distributed to the public, including but not restricted to books, folios, magazines, newspapers, journals and other periodical publications;
y. "Repertoire" means those Published Works published in Canada by an Affiliate or published in or outside Canada by other Copyright Owners where an agreement between CANCOPY and another collective society or licensing body authorizes CANCOPY to represent such other Copyright Owners; and
z. "School Board" means any one of the school boards, school districts, divisional education councils, conseils scolaires or similar entities or organizations described or listed in Schedule "A" appended to this Agreement, or any successor or substituted entities or organizations resulting from a reorganization of such entities or organizations within any particular Province or Territory, provided that Schedule "A" may be amended with effect as of the commencement of each of the periods described in Articles 7.1(b) to (e) hereof by the delivery to CANCOPY by any of the Ministers, not later than thirty (30) days prior to the commencement of each of the periods referred to above, of an amended list of school boards under the authority of any of the Ministers or Party School Boards providing the revised list.
2.2 Interpretative Rules for Ontario School Boards: For the purpose of interpreting and applying this Licence (including, for greater certainty, Article 2.6) as between CANCOPY and any particular Ontario School Board, any rights, benefits, obligations, restrictions or other terms and conditions enjoyed by or imposed upon a Minister (other than those arising pursuant to Articles 8 and 15.3) shall be enjoyed by or imposed upon the particular Ontario School Board. The use of the word "Minister" in Articles 8 and 15.3 refers only to those entities defined as Ministers herein and does not include "Ontario School Boards".
2.3 Interpretative Rules for New Brunswick: For the purpose of interpreting and applying this Licence (including, for greater certainty, Article 2.6) as between CANCOPY and the New Brunswick Minister, any rights, benefits, obligations, restrictions or other terms and conditions enjoyed by or imposed upon a School Board shall be enjoyed by or imposed upon the New Brunswick Minister.
2.4 General Interpretive Rule: The rights and obligations conferred and imposed upon Ministers, School Boards, Educational Institutions and Ontario School Board Associations under this Licence are only conferred or imposed upon such persons or entities as are Licensees (or, in the case of the Ontario School Board Associations, Parties).
2.5 Interpretive Rule re Licensees: An Educational Institution shall only be a Licensee in respect of its students who are counted as Full-time-equivalent Students.
2.6 Governing Law: The interpretation and application of this Licence as between CANCOPY and a particular Minister shall be governed by and construed in accordance with the laws specified in Schedule "D".
2.7 Schedules: The following Schedules are incorporated into and form a part of this Agreement:
a. Schedule "A": List of School Boards;
b. Schedule "B": Exclusions List
c. Schedule "C": Addresses for Notice; and
d. Schedule "D": Specific Interpretative Rules and Provisions for individual Ministers and Ontario School Boards.
2.8 Headings: Headings appearing in this Licence are for convenience of reference only, and shall not be referred to for the purpose of interpreting this Licence.
2.9 Currency: References in this Licence to currency are references to lawful money of Canada.
Article 3: Term of Licence
3.1 Date Licence Concluded: This Licence shall be deemed to have been concluded as between CANCOPY and a particular Party as of the later of:
a. The 15th day of October, 1999; and
b.The date upon which the last of either CANCOPY or the particular Party actually executed this Licence,
provided that any intended Party that has not actually executed this Licence on or prior to the 1st day of October, 1999 may not thereafter become a Party to this Licence without the written consent of CANCOPY.
3.2 Term of Licence: The term of this Licence shall commence on the 1st day of September, 1999 and end on the 31st day of August, 2004.
3.3 Provisions to Survive Termination: The following provisions of this Licence shall survive the expiration or earlier termination of this Licence:
a. The restrictions imposed upon CANCOPY pursuant to Article 8 with respect to the use of information acquired by CANCOPY as a result of sampling activity;
b. CANCOPY’s obligation to indemnify Licensees and related provisions of Article 9 in respect of Copies made prior to termination; and
c. Any obligation owed by one Party to another (including, without limitation, payment of pro-rated fees or partial refunds of fees already paid) resulting from a termination of this Licence as contemplated in Article 16.
Article 4: Granting of Licence
4.1 Granting of Licence: CANCOPY hereby grants to the Licensees and to persons acting under a Licensee’s authority a licence to make and distribute Copies (including Alternate Format Copies) of Published Works in the Repertoire, for Authorized Purposes and subject to the terms and conditions of this Licence.
4.2 No Restrictions: For greater certainty, this Licence shall not in any way restrict, hinder or prohibit a Licensee from engaging in any activity which may lawfully be done by the Licensee without a licence or other authorization from CANCOPY or any other party.
4.3 Categories of Work to which Licence does not Apply: This Licence does not apply to any of the following categories of work:
a. workcards, assignment sheets, tests and examination papers, and material intended for one-time use such as workbooks and activity books;
b. all works published by Her Majesty in Right of Canada or any Province or any Territory other than the Province of Quebec or works for which Her Majesty the Queen in Right of Canada or any Province or Territory other than the Province of Quebec holds copyright;
c. Published Works on the Exclusions List and Published Works published outside countries listed in the Exclusions List;
d. originals of artistic works including photographs or prints;
e. photographic negatives or other transparencies (positives), mounted or unmounted;
f. musical works in print form;
g. instruction manuals and teachers’ guides;
h. unpublished works; and
i. publications that contain a prominent notice expressly prohibiting Copying under a licence from a collective society or licensing body.
Notwithstanding the excluded categories listed above, a Published Work is covered by this Licence if a notice on the copyright page or elsewhere in the publication itself authorizes Copying under a licence with CANCOPY or from a collective society or licensing body which has an agreement with CANCOPY.
4.4 Exclusions List
a. The list of Published Works contained in Schedule "B" and Published Works published outside the countries listed in the preamble to Schedule "B" are excluded from this Licence.
b. CANCOPY may make additions or deletions to the Exclusions List no more than once within each twelve-month period commencing September 1st of each year during the term of this Licence by delivering to each Paying Licensee a revised Exclusions List specifying such additions or deletions, provided that any such revisions to the Exclusions List may only take effect as of the 1st day of September of each year during the term of this Licence and notice of such proposed revisions shall be delivered to the Paying Licensees not less than sixty (60) days prior to such date.
c. Each Minister shall deliver to each School Board and Educational Institution under his or her authority a copy of the Exclusions List and any revised Exclusions List within sixty (60) days of receipt from CANCOPY.
d. CANCOPY shall deliver to the Ministers, simultaneously with the execution and delivery of this Licence, a list of all collective societies or licensing bodies with which CANCOPY has concluded agreements, and shall notify the Ministers of any revisions to the list not later than thirty (30) days following the conclusion of any new agreements or the expiration of any existing agreements with such collective societies or licensing bodies.
Article 5: Terms and Conditions of Copying
5.1 Permitted Copying: This Agreement authorizes Copying of either ten percent (10%) of a Published Work, or any of the following parts of a Published Work, whichever is greater:
a. an entire single short story, play, essay, article or poem from a book or periodical issue (including a set of conference proceedings) containing other works;
b. an entire newspaper article or page;
c. an entire entry from an encyclopaedia, dictionary, annotated bibliography or similar reference work; oduction of an artistic work (including drawings, paintings, prints, photographs and works of sculpture, architecture or artistic craftsmanship) from a book or periodical issue containing other works; and
d. an entire chapter which is twenty percent (20%) or less of a book.
5.2 Copying Rare or Fragile Materials for Preservation: Subject to Article 5.5, the making of Copies in excess of Copying permitted by this Licence may be made by a Library to prevent deterioration of a rare or fragile Published Work in its holdings.
5.3 Copying Damaged or Missing Pages: Subject to Article 5.5, the making of Copies of Published Works in excess of the Copying permitted by this Licence may be made by a Library to replace any damaged or missing pages in a Published Work in its holdings.
5.4 Copying Out-of-Print Works: Subject to Article 5.5, a single Copy of an entire missing or damaged out-of-print Published Work may be made by a Library to replace a publication of such a work in its holdings.
5.5 Obtaining Written Permission:
a. Prior to the making of Copies authorized by Articles 5.2, 5.3, 5.4 and 5.7, a Licensee shall first obtain written confirmation of permission from CANCOPY.
b. Such permission shall be granted by CANCOPY at no cost on confirmation that the Published Work in question is out-of-print in all available editions.
c. The Licensee will be deemed to have complied with Paragraph 5.5(a) if the Licensee requests permission from CANCOPY in the manner provided for giving notice herein and CANCOPY does not respond within ten (10) business days of receipt of the request. The time of receipt of any such request shall be calculated in accordance with Article 14.2.
d. Where permission is denied, CANCOPY will use reasonable efforts to provide to the Licensee print status information including the source or sources from which the publication may be obtained.
5.6 Clearance Service for Copying Beyond the Limits: CANCOPY will use reasonable efforts to clear requests to Copy Published Works in excess of the terms and conditions set out in this Licence. Such clearances may be subject to payment of royalties and to a different tariff than for Copies permitted by this Licence, as required by the Copyright Owner or CANCOPY.
5.7 Work Cards, Assignment Sheets and Tests: Notwithstanding Article 4.3(a) and subject to Article 5.5, this Licence authorizes Copying of up to a maximum of ten percent (10%) over time of work cards, assignment sheets and tests and examination papers by a Licensee, if such Copies are made to replace originals purchased by the person making the Copies, the portion Copied is not intended for one-time use and is no longer commercially available.
5.8 Access to Clearance Service for Print Music: Licensees shall have access to any music clearance service offered by CANCOPY during the term of this Licence. It is understood that CANCOPY’s ability to clear requests to Copy musical works in print form may be limited and may change or cease at any time. It is also understood that such clearances will be subject to additional payment of royalties, provided that any such royalties shall be calculated with reference to the prevailing standard royalty rates charged by CANCOPY for such clearances.
5.9 Special Restriction on use of Artistic Works of Living Artists: This Licence does not authorize Copying of any published artistic work by a living artist for mounting as a slide without accompanying material (in addition to captions) from other artistic or literary works, subject to the following: This Licence does authorize Copying of a published artistic work by a living artist for mounting as slide without any accompanying material if a Licensee has confirmed that such material or slide is not available for purchase.
5.10 General Prohibitions:
a. There shall be no systematic, cumulative Copying from the same Published Work beyond the limits set out in Article 5.1 for one course of study or program in one academic year or over time for retention in files maintained by a Library or any individual making Copies under the authority of a Licensee under this Licence.
b. No Copies under this Licence shall be made for or used in a Course Pack.
c. This Licence does not permit unrestricted Copying. Copying of a Published Work beyond the terms and conditions of this Licence, unless permitted by the Copyright Act, requires the specific authorization of CANCOPY or the Copyright Owner.
d. This Licence does not include the Published Works described or listed on the Exclusions List.
e. No Copies made under this Licence may be sold, provided that:
i. for the purposes of this Licence, a sale of Copies shall not include a transaction whereby a Licensee recovers an amount not exceeding the direct cost of producing and distributing Copies; and
ii. nothing herein shall otherwise restrict a Licensee from recovering the direct cost of producing and distributing Copies.
5.11 Notice on Copies: The Licensees shall notify their respective employees and agents that, in accordance with good bibliographic practice, Copies of Published Works shall include, on at least one page, a credit to the author, artist or illustrator, and to the source.
5.12 Material for Copying: All Copying shall be on to sheets of paper except for the making of a single Copy:
a. on a sheet of acetate or similar transparent material for the purpose of viewing by means of an overhead projector or slide viewer;
b. as a photograph mounted as a slide, subject to the restrictions on slides in this Licence; or
c. on microform for research and archival purposes.
5.13 Multiple Copies: Except where otherwise stated, this Licence authorizes the making of:
a. the number of Copies which is sufficient to permit each student to have one Copy only for his or her personal study and each teacher to have two Copies;
b. the number of Copies required for administrative purposes, including communication of information to parents and to the community; and
c. a reasonable number of Copies for reference in or loan by Libraries.
5.14 Calculation of Limits: For greater certainty, the limits to permitted Copying imposed by this Licence shall not be applied collectively, but rather shall be determined with reference to each person making Copies under the authority of a Licensee.
5.15 Electronic Files: Input or output of Published Works (without adaptation) into or from an
electronic file by computer or wordprocessor shall be permitted under this Licence but only in
amounts authorized for Copying and according to the conditions contained in Article 5, and only for
the purposes of producing paper Copies. This Licence does not authorize dissemination of any such
electronic file in any electronic form in any way whatsoever, including on disk or over a computer
network. All such files shall be erased from memory or the storage device promptly after all of the
paper Copies required have been produced and in any event no later than the expiry of this
Licence, unless otherwise agreed by CANCOPY and the relevant Minister prior to such expiry.
Article 6: Production of Alternate Format Copies
6.1 Authorization:
a. This Licence authorizes production of Alternate Format Copies of all or any part of Published Works within the Repertoire which are published in Canada.
b. Works described or listed on the Exclusions List are not covered by this Licence.
c. For the purposes of this Article 6 only, this authorization is extended to include materials listed in Article 4.3 (a).
6.2 Restrictions on Use: The use of Alternate Format Copies shall be restricted to persons who by reason of a sensory, physical or neural handicap cannot effectively use print materials and persons involved in the educational use of any such Alternate Format Copies.
6.3 Alterations: Alternate Format Copies of all or part of a Published Work shall contain no alterations from the portion copied.
6.4 Notice on Alternate Format Copies: The Licensees shall notify employees and agents engaged in the production of Alternate Format Copies under this Licence that, in accordance with good bibliographic practice, Alternate Format Copies shall include a credit to the author, artist or illustrator, and to the source.
Agreement Articles 7-17
Schedules "A" (Manitoba Section), "B" and "D" (Manitoba Section)